Monday, September 02, 2024

 Kolkata rape and murder case 

India top court judge warns politicians’ ‘mob rule’ abrogates judicial independence amidst nationwide protest


© JURIST (Neelabh Bist)


Arnav Laroia | The West Bengal National U. of Juridical Sciences, IN
SEPTEMBER 2, 2024 

Justice Abhay Oka of the Supreme Court of India expressed concern on Sunday over the growing trend of “mob rule” incited by politicians who capitalize on certain incidents and promise capital punishment for the accused. He emphasized that only the judiciary has the authority to pass legal verdicts, warning that such actions by politicians are dangerous and unconstitutional.

In his speech, Oka underscored the importance of maintaining the judiciary’s independence, and delivering swift and just decisions. He also highlighted the dangers of “mob rule” and the need to prevent politicians from exploiting public sentiment to advance their own agendas. He asserted that the judiciary must remain steadfast in upholding the rule of law and ensuring that justice is served without yielding to external pressures or populist demands.

Oka further underlined the critical role of sensitivity among lawyers and the judiciary in ensuring adherence to the Constitution. He stated that for the judiciary to be respected, its independence must remain intact, and the Constitution can only be upheld if lawyers and judiciary remain sensitive. He also pointed out that lawyers play a significant role in maintaining the judiciary and guiding society as a whole, encouraging them further to fulfil this responsibility for the survival of democracy.

Oka’s remarks come amidst the ongoing Kolkata rape and murder case of a 31-year-old doctor at Kolkata’s R.G. Kar Medical College and Hospital on August 9, 2024. Politicians have been making promises of capital punishment for the accused in connection with this case. In this context, Oka stressed the importance of preserving the independence and integrity of the judiciary, which is the only institution empowered to deliver justice through due process of law.

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